ENVIRONMENT CLEARANCE PROCESS Digvijay Singh Bisht

Transcription

1 ENVIRONMENT CLEARANCE PROCESS Digvijay Singh Bisht

2 LEGAL COMPONENT OF EIA NOTIFICATION, 2006 UNDER E(P) ACT, 1986 Section 3 (1) Subject to the provision of this Act, the Central Government shall have the powers to take all such measures as it deem necessary or expedient for the purpose of protecting and improving the quality of environment and preventing controlling and abating environment pollution Section 3 (2) (V) restriction of areas in which any industries, operations or processes or class of industries, or processes shall not be carried out or shall be carried out subject to certain safeguards.

3 IN EXERCISE OF POWERS CONFERRED AS STATED, Central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior EC from the Central Government or as the case may be, by the SEIAA, duly constituted by the Central Government under sub section (3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification.

4 SIGNIFICANT FEATURES OF THE REVISED EC PROCESS Introduction of Scoping. Structured Public Consultations with stipulated time frame Decentralization of appraisal Ensures quality control of EIA No NOC requirement from SPCB

5 DIFFERENCES BETWEEN EIA NOTIFICATION, 1994 & 2006 No NOC for EC from state/ut Authorities Revised Schedule based on potential impacts instead of investment criteria Appraisal for Category A at Central level, Category B1, B2 at State Level Check-list information in Form-1/Form-1-A to determine TORs for EIA Scoping stage incorporate site clearance No separate site clearance is required. If required then prior notice of at least seven days to the applicant, who shall provide necessary facilities for the inspection

6 DIFFERENCES BETWEEN EIA NOTIFICATION, 1994 & 2006 (CONTD.) Public consultation to consist of i. Public hearing for local people; and ii. Web based inputs from others PH to be conducted by SPCB with DM in chair. If limit of 45 days not adhered to, MoEF will specify another agency to do so. For state level EC, independent Authorities to be set-up: State Level Environment Impact Assessment Authority (SEIAA), State Expert Appraisal Committees (SEAC) Notification defines qualifications/experience in Appendix-VI

7 WHO NEEDS CLEARANCE?

8 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category A ) Mining, extraction of natural resources Mining of minerals ( 50 ha of mining lease area) Asbestos mining Offshore and onshore oil and gas exploration, development and production Power generation River valley projects i. 50 MW hydroelectric ii. 10,000 ha of culturable command area Thermal power plant i. 500 MW (coal/lignite/naptha and gas based) ii. 50 MW (pet coke diesel and all other fuels) Nuclear power projects and processing of nuclear fuel All projects

9 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category A ) Primary processing Coal washery 1 million ton/annum (GC applied) Mineral benefication 0.1 million ton/annum (GC applied) Material production Primary metallurgical industry (All projects) Sponge iron manufacturing 200TPD (GC applied) Secondary metallurgical processing industry All toxic and heavy metal producing unit tonnes/annum Cement plant 1.0 million/tonnes/annum (GC applied)

10 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category A ) MATERIALS PROCESSING Petroleum refining (all projects) Cake oven plants ( 2,50,000 tonnes/annum) Asbestos milling and asbestos based (all projects) Soda ash industry (all projects) Chlor Alkali industry 300 TPD and outside industrial area Leather/ Skin/ Hide processing industry (outside the industrial area)

11 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category A ) MANUFACTURING/ FABRICATION Chemical fertilizers (all projects) Pesticides (technical) Petrochemical complexes Petrochemical based processing industry outside the industrial area Synthetic organic chemical industries Distilleries (molasses based industry + 30 kld non-molasses based) Man made fibre (Rayon) Pulp and paper industry

12 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category A ) SERVICE SECTOR Oil and gas transportation through pipelines/ national parks/ sanctuaries/ coral reefs/ ecologically sensitive areas including LNG terminal Isolated storage and handling of hazardous chemicals Infrastructure for environmental services Common hazardous waste treatment, storage and disposal facilities (TSDF), Integrated facility (incineration + landfill) [GC apply] (This also includes biomedical waste disposal)

13 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category A ) PHYSICAL INFRASTRUCTURE PROJECTS Airports All ship breaking yards including ship breaking units Industrial estates/ parks/ complexes/ areas, Export Processing Zones (EPZs), SEZ, Biotech park, leather complexes Ports and harbour ( 5 million TPA of cargo handling capacity excluding fishing harbour) Highways New National Highway (expansion of national highways 20 km)

14 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) Mining, extraction of natural resources Mining of minerals < 50 ha 5 ha of mining lease area Power generation River valley projects < 50 MW 25 MW hydroelectric power generation <10,000 ha of culturable command area Thermal power plant <500 MW (coal/lignite/naptha and gas based) < 50 MW 5 MW (pet coke diesel and all other fuels)

15 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) Primary processing Coal washeries <1 million ton/annum (GC applied) Mineral beneficiation < 0.1 million ton/annum (GC applied) Material production Sponge iron manufacturing < 200TPD (GC applied) Secondary metallurgical processing industry All toxic and heavy metal producing unit < tonnes/ annum All other non-toxic secondary metallurgical processing industry > 5000 tonnes/ annum Cement plant <1.0 million/tonnes/annum production capacity. All stand alone grinding units (GC applied)

16 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) MATERIALS PROCESSING Cake oven plants - < 2,50,000 & 25,000 tonnes/annum Chlor Alkali industry < 300 TPD production capacity and located within a notified industrial area/estate Leather/ Skin/ Hide processing industry (All new or expansion of projects located within a notified industrial area/ estate).

17 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) MANUFACTURING/ FABRICATION Petrochemical based processing (Located in a notified industrial area/ estate) Synthetic organic chemical industries (Located in a notified industrial area/ estate) Distillaries (All cane juice/ non-molasses based distilleries < 30 KLD) Integrated paint industry ( All projects) Pulp and paper industry (Paper manufacturing industry without pulp manufacturing) Sugar industry ( 5000 tcd cane crushing capacity) Induction/ arc furnaces/ cupola furnaces 5 TPH or more (All projects)

18 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) SERVICE SECTOR Isolated storage and handling of hazardous chemicals (All projects) PHYSICAL INFRASTRUCTURE PROJECTS Industrial estates/ parks/ complexes/ areas, Export Processing Zones (EPZs), SEZ, Biotech park, leather complexes Industrial estates housing at least one category B industry and area < 500 ha. Industrial estates of area > 500 ha. and not housing any industry belonging to Category A or B Common hazardous waste treatment, storage and disposal facilities (TSDFs) All facilities having landfill only (MSW, if only deep burial is recommended)

19 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) PHYSICAL INFRASTRUCTURE PROJECTS (Contd ) Ports and harbour (< 5 million TPA of cargo handling capacity and/ or ports/ harbours 10,000 TPA of fish handling capacity) Highways New State Highways; and Expansion of national/ State highways > 30 km involving additional right of way greater than 20 m involving land acquisition. Common Effluent Treatment Plants (CETPs) [All projects] Common Municipal Solid Waste Management Facility (CMSWMF) [All projects]

20 LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE (Category B ) Townships and Area Development Projects 3,00,000 sq.mtrs of built up area OR Covering an area 50 ha & > 150 ha and or built up area 1,50,000 sq.mtrs and <3, 00,000. BUILDING/ CONSTRUCTION PROJECTS/ AREA DEVELOPMENT PROJECTS AND TOWNSHIPS Building and Construction projects sq.mtrs < 1,50,000 sq.mtrs of built-up area# (for the purpose of this noti. is the built up or covered area on all floors put together including its basement and other service areas, which are proposed in the buildings and construction projects)

21 PROJECT ACTIVITIES REQUIRING EC EIA Notification No. S.O 1533 dated 14th September 2006 as amended S.O 3067 (E) dated 1st December 2009 All new projects/activities listed in Schedule Expansion and/or modernization of existing projects/activities with addition of capacities beyond the limits specified for the concerned sector Change in product mix

22 WHAT DOCUMENTS ARE REQUIRED TO BE SUBMITTED WITH THE APPLICATION FOR PRIOR ENVIRONMENTAL CLEARANCE? General Requirement.. For projects other than construction projects (Sl No:8): Form 1, Pre-feasibility Report and /or proposed TOR For projects Building/Construction/Area Development Projects and Township: Form 1, Form 1A, Conceptual Plan and /or proposed TOR

23 WHO CAN DO THE CORRESPONDENCE WITH MOEF/SEAC? All correspondence with the regulatory authority including submission of application for TOR/Environmental Clearance, subsequent clarifications, participation in the EAC meeting on behalf of the project proponent shall be made by the authorized signatory only. The authorized signatory shall also submit a document in support of his claim of being an authorized signatory for the specific project Source : S.O 3067 (E) dated 1 st December 2009 of MoEF

24 WHO CAN PARTICIPATE DURING THE EAC MEETINGS? The authorized representative of the project proponent shall only attend the EAC meetings. The authorized representative of the project proponent should be a reasonably senior officer/executive duly authorized in writing. In case, a consultant is to be nominated as the authorized representative, it should be through an irrevocable power of attorney executed and formally registered with the sub-registrar concerned. The consultant (s) and other experts may, however, assist the authorized representative during the meeting. In the absence of the authorized representative, the proposal will not be considered by the EAC

25 WHAT TYPE OF INFORMATION PP SHALL UPLOAD ON THE WEBSITE? Category A projects the complete EC order shall be displayed in the project proponed website permanently..s.o.3067 dated 1 st December 2009 of MoEF The proponent shall upload the status of compliance of the stipulated EC conditions, including results of monitoring data on their website and shall update the same periodically MoEF circular dated 24 th March, 2009

26 WHETHER THE PP IS REQUIRED TO SEND COPY OF EC TO THE LOCAL BODIES, NGO? Yes.copy of the EC shall be sent to concerned Panchayat, Zilla Parishad/Municipal Corporation, Local Body and the Local NGO if any, from whom suggestions / representations, if any, were received while processing the proposal. The Clearance letter shall also be put on the website of the company.

27 CAN THE PP INFORM MOEF THROUGH ABOUT THE SUBMISSION OF TOR/EC APPLICATION? Yes The project proponents can simultaneously send a scanned copy of the forwarding letter of their environment clearance application by to the Member Secretary of the respective sectoral Expert Appraisal Committee, also to the concerned Advisor and section officer for their information to enable the Ministry to keep a track of the proposal in the pipeline. The addresses of various officers of Impact Assessment Division are already given on the website of the Ministry

28 WHAT TYPE OF ACTIVITIES CAN BE UNDERTAKEN WITHOUT PRIOR EC? No activity including civil construction can be undertaken at site without obtaining prior EC except fencing of the site to protect it from getting encroached and construction of temporary shed(s) for the guard(s) Incase of any project where TORs have been prescribed for undertaking detailed EIA study and where construction activities started, the TORs may be suspended /withdrawn in addition initiating penal action

29 WHAT ARE THE PROJECTS EXEMPTED FROM PUBLIC CONSULTATION PROCESS? Modernization of irrigation projects (item 1(ii) of the Schedule) All projects/activities located within industrial estates or parks (item 7 of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals. Expansion of Roads and Highways (item 7(f) of the Schedule) which do not involve any further acquisition of land Maintenance dredging provided the dredged material shall be disposed within port limits All building or Construction projects or Area Development projects (which do not contain any category A projects and activities item 8(a) and 8(b)) All category B2 projects and activities All projects or activities concerning national defense and security or involving other strategic considerations as determined by the Central Government

30 PROJECT CATEGORIZATION OF EC

31 CATEGORIZATION OF PROJECTS Start Prepare check-list EIA for project if in Schedule Appraisal at Central level by MoEF YES YES Does it meet criteria For category A? NO Does it meet GC in Schedule? NO Appraisal at State level by SEAC

32 GENERAL CONDITIONS Any project or activity listed in Category B will be treated as Category A, if located in whole or in part within 10 km from the boundary of: i. Protected Areas notified under the Wild Life (Protection) Act, 1972 ii. Critically Polluted areas as notified by the Central Pollution Control Board from time to time iii. Notified Eco-sensitive areas iv. Inter-State boundaries and international boundaries.

33 KEY PLAYERS OF THE NOTIFICATION AND THEIR FUNCTION PLAYER FUNCTION Project Proponent Proposal with following component Environmental Impact Assessment Environment Management Plan (EMP) Risk Assessment (RA) Disaster Management Plan (DMP) as per the scope defined by EAC/SEAC

34 KEY PLAYERS OF THE NOTIFICATION AND THEIR FUNCTION PLAYER FUNCTION State level Environment Impact Assessment Authority (SEIAA) Granting / rejecting environment clearance of project within the Ministry of Environment and Forest mandate given to them. Environmental Appraisal committee Screening Central Level Scoping State Level Inspection if necessary Appraisal (Science base)

35 KEY PLAYERS OF THE NOTIFICATION AND THEIR FUNCTION PLAYER FUNCTION SPCB/ PCC /DM Zila parishad or Municipal Corporation District Industries Office Concerned Regional Officer, MOEF Conducting Public Hearing

36 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) SEIAA is an independent body; members/chairman have fixed term, can not be removed except for cause Three (3) Member SEIAA to be notified by MOEF on receiving nominations from all concerned States and UTs Chairman and other member shall be experts/professionals fulfilling the eligibility criteria given in Appendix VI. Chairman shall be an expert in EIA process. Member Secretary shall be a serving officer of the State Government familiar with environmental laws. DECISION OF THE AUTHORITY NEEDED TO BE RECORDED IN MINUTES and copy thereof sent to MOEF No funding from MoEF

37 STAGES PRIOR TO EC

38 STEPS TO CONDUCT EIA Screening (Category B projects only) Scoping Public Consultation Appraisal

39 EIA CLEARANCE PROCESS (CATEGORY A )

40 CATEGORY A PROJECTS

41 EIA CLEARANCE PROCESS (CATEGORY B )

42 CATEGORY B PROJECTS

43 SCREENING No screening required for Category A projects Category B projects will be further screened by SEAC for categorization into either B1 or B2 Category B1 EIA, Public hearing Category B Category B2 No EIA & PH

44 SCOPING THE OBJECTIVE What effects could this project have on environment? Which of these effects are likely to be significant and therefore need particular attention in the environmental studies? Which alternatives and mitigation measures ought to be considered in developing the proposal for the project?

45 M- magnitude - H: High - L: Low L.T Changed land use, Replacement E- Effect - L: Local - G:Global H E L G D D S.T L.T S.T Noise pollution (Blasting process) Air pollution (Highway projects) Oil spills on water M L.T Soil erosion L E L G D D S.T L.T Noise pollution (Highway), pollution of water bodies CO2 emission from Industry D Duration L.T Long Term S.T Short Term S.T Insignificant (Ignored)

46 METHODOLOGIES FOR SCOPING 1. Ad Hoc 2. Checklists 3. Matrices 4. Overlays 5. Networks

47 NETWORK

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49 PROCEDURE FOR SCOPING Project/ Impact Physical charge of Land Use of Natural Resources Storage transport Handling Production solid waste Release of Hazardous Pollutant Noise generation Release of pollutant Risk Mining of Minerals Offshore/On shore oil and gas exploration River Valley (construction phase) Thermal Power Station Isolated Coal Washery - + Rare Mineral Benefication

50 PROCEDURE FOR SCOPING Project/ Impact Cement Plant (Without mines) Petroleum refining Coke oven plant Chlor Alkali (with membrane) Physica l charge of Land Use of Natural Resources Storage transport Handling Production solid waste Release of Hazardou s Pollutant Noise generatio n Release of pollutant Risk Soda Ash Leather skin Pesticides (TG) Fertilizer

51 PUBLIC CONSULTATION To ascertain views of local persons during PH; and Others, through web-based responses. Out come of public consultation, which is not a decision making process, to be included in EIA and addressed.

52 PUBLIC CONSULTATION Exceptions to certain projects To be completed in 45 days DM to chair the PH Alternate Public Authority / Agency to be nominated by MoEF in case SPCB fails to comply with time limit Videography of proceedings must and to be enclosed with application for EC Preparation of PH proceedings and signature by DM on the same day Display of PH Proceedings on the website and other Govt. offices

53 EXEMPTION FROM PUBLIC HEARING All Category A and Category B1 projects or activities shall undertake Public Consultation, except the following:- modernization of irrigation projects all projects or activities located within industrial estates or parks (item 7(c) of the Schedule) approved by the concerned authorities expansion of Roads and Highways which do not involve any further acquisition of land.

54 EXEMPTION FROM PUBLIC HEARING All Building /Construction projects/area Development projects and Townships All Category B2 projects and activities All projects or activities concerning national defense and security or involving other strategic considerations as determined by the Central Government.

55 THE PROCESS OF CONDUCTING PUBLIC HEARING Applicant shall make a request through a simple letter to the Member Secretary of the SPCB In case the project site is extending beyond a State, the public hearing is mandated in each State in which the project is sited. Applicant shall make separate requests to each concerned SPCB for holding the public hearing as per this procedure.

56 THE PROCESS OF CONDUCTING PUBLIC HEARING Applicant shall enclose with the letter of request, at least 10 hard copies and an equivalent number of soft (electronic) copies of the draft EIA Report including the Summary Environment Impact Assessment report in English and in the local language

57 THE PROCESS OF CONDUCTING PUBLIC HEARING Simultaneously the applicant shall arrange to forward copies, one hard and one soft, of the above draft EIA Report along with the Summary EIA report to the Ministry of Environment and Forests and to the following authorities or offices, within whose jurisdiction the project will be located: A. District Magistrate/s B. Zila Parishad or Municipal Corporation C. District Industries Office D. Concerned Regional Office of the Ministry of Environment and Forests

58 THE PROCESS OF CONDUCTING PUBLIC HEARING Concerned authority make available the draft EIA Report for inspection electronically or otherwise to the public during normal office hours till the Public Hearing is over. Notice of Public Hearing Member-Secretary of the concerned SPCB shall finalize the date, time and exact venue for the conduct of public hearing within 7(seven) days of the date of receipt of the draft Environmental Impact Assessment report

59 NOTICE OF PUBLIC HEARING Advertise the venue, date and time in one major National and one local newspaper. A minimum notice period of 30(thirty) days shall be provided to the public for furnishing their responses Advertisement shall also inform the public about the places or offices where the public could access the draft Environmental Impact Assessment report and the Summary Environmental Impact Assessment report before the public hearing

60 NOTICE OF PUBLIC HEARING No postponement of the date, time, venue of the public hearing shall be undertaken, unless some emergency situation occurs and only on the recommendation of the concerned District Magistrate Postponement shall be notified to the public through the same newspaper and also prominently displayed at all the identified offices by the concerned SPCB

61 NOTICE OF PUBLIC HEARING Under above exceptional circumstances fresh date, time and venue for the public consultation shall be decided by the Member Secretary of the concerned SPCB only in consultation with the District Magistrate

62 WHO ARE THE PANEL MEMBER The Panel for PH District Magistrate or his or her representative not below the rank of an Additional District Magistrate Representative of SPCB

63 VIDEOGRAPHY SPCB shall arrange to video recording of entire proceedings. A copy of the videotape or a CD shall be enclosed with the public hearing proceedings and forwarded to the Regulatory Authority concerned.

64 PROCEEDINGS The attendance of all those who are present at the venue shall be noted and annexed with the final proceedings. Applicant shall initiate the proceedings with a presentation on the project and the Summary EIA report Every person present at the venue shall be granted an opportunity to seek information or clarifications on the project Views and concerns expressed shall be recorded by the representative of the SPCB

65 PROCEEDINGS SPCB shall also display the proceedings on its website for general information Time period for completion of public hearing PH shall be completed within a period of 45 (forty five) days from date of receipt of the request letter SPCB shall sent the public hearing proceedings to the concerned regulatory authority within 8 days of the completion of the public hearing

66 ADVERTISEMENT IN NEWSPAPER Category A project shall put Information regarding grant of EC along with conditions in public domain through newspaper advertisement Category B project shall put short advertisement

67 GENERIC STRUCTURE OF EIA DOCUMENT Introduction Project Description Analysis of Alternatives (Technology and Site) Description of the Environment Anticipated Environmental Impact & Mitigation Measures Environmental Monitoring Program Additional Studies Project Benefits Environmental Cost Benefits Analysis Environmental Management Plan Summary &Conclusion Disclosure of Consultants engaged

68 EIA REPORT-INTRODUCTION Applicability of GC conditions as per EIA Notification-2006 Profile of the project proponed Site Description. Altitude and longitude of the project site/land use Broader details of the basic activities Type of the project-new/expansion/modernization Any notified restrictions /limitations from environmental angle issued by the District Administration/State /Central Government Applicability of EIA Notification,2006 Applicability of Forest (Conservation) Act, 1980 Applicability of Wildlife (Protection)Act, 1972 Applicability of CRZ Notification,1991 Any litigations pending /or any directions or orders passed by any court of Law /any statutory authority

69 INCASE OF EXPANSION/MODERNIZATION OF PROJECTS Status of EC and compliance for the existing projects Validity of the Air & Water Consent orders and HWA for the existing project Compliance status to the Standards and Specific conditions issued by SPCB /PCC Notice /directions issued by the regulatory agencies under section 33(A) of the Water Act,1974/ section 31(A) of the Air Act 1981 and directions issued under the of E(P)Act, 1986 during the last one year

70 EIA REPORT- PROJECT DESCRIPTION Condensed description of those aspects of the project based on project feasibility study likely to cause environmental effects Project Description which gives information important for EIA purpose Project layout Capacity of the project Assessment of New & untested technology for the risk of technological failure Requirement and availability of water, power, land and raw materials including fuels Use of public infrastructure Project cost and project implementation schedule

71 EIA REPORT DESCRIPTION OF ENVIRONMENT STUDY AREA FOR SECONDARY DATA Study Area for secondary data as specifically mentioned at column 9(III) of Form 1of EIA Notification..15 kms from the project boundary

72 STUDY AREA FOR PRIMARY DATA AS PER MoEF EIA GUIDANCE MANUALS SECTOR STUDY AREA Coal washeries Port and harbor Project area and 5 kms Project area and 5 kms Highways Building & construction project Township &ADP Airports Aerial rope ways Asbestos Mineral beneficiation Nuclear power plants Project area and 0.5 kms on either side of ROW Project area and 0.5 kms Project area and 2 kms Project area and 15 kms Project area and 0.5 km Project area and 1 km Project area and 5 kms Project area and 30 kms Mining project Project area and 10 kms (mine lease area more than 50 ha) &5kms mine lease area of 5-50ha

73 APPRAISAL Appraisal means - scrutiny of documents like the Final EIA report, outcome of the public consultations including public hearing proceedings by Committee Appraisal Committee shall make categorical recommendations to the regulatory authority for grant of EC on stipulated terms and conditions, or rejection of the application for EC, together with reasons for the same. Appraisal of project shall be completed by the Committee within 60 days of the receipt of the final Environment Impact Assessment report

74 GRANT OR REJECTION OF PRIOR ENVIRONMENTAL CLEARANCE Regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant within 45 days of the receipt of the recommendations In other words within 105 days of the receipt of the final Environment Impact Assessment Report

75 GRANT OR REJECTION OF PRIOR ENVIRONMENTAL CLEARANCE (CONTD.) Regulatory authority shall normally accept the recommendations of the SEAC/EAC In cases where it disagrees with the recommendations of SEAC/EAC, regulatory authority shall request for reconsideration within 45 days of the receipt of the recommendations

76 GRANT OR REJECTION OF PRIOR ENVIRONMENTAL CLEARANCE (CONTD.) Decision of the regulatory authority after considering the views of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned shall be final and conveyed to the applicant by the regulatory authority concerned within the next 30 days.

77 GRANT OR REJECTION OF PRIOR ENVIRONMENTAL CLEARANCE (CONTD.) If decision of the regulatory authority is not communicated to the applicant within the specified time Applicant may proceed as if the environment clearance has been granted or denied by the regulatory authority in terms of the final recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned

78 VALIDITY OF EC Max. 30 years for mining projects 10 years for River valley projects 5 years for all other projects Limited period for Area development projects till the developer is responsible Can be extended to another 5 years upon submission of application in Form-1 within validity period.

79 QUALITY OF EIA

80 MEASURING QUALITY OF EIAS Why measure Quality of an EIA prepared? It is a relevant tool to assess whether over a period of time an Organisation is improving upon the quality of the EIAs prepared by them. There could be several scales/parameters. QCI-NABET follows a 9 point criterion

81 SL. NO CRITERION WEIGHTAGE 1 Site description - with history, whether already broken, or a green field area, land topography photographs, environmentally sensitive receptors like water bodies; wetlands and estuaries, forests, wild life sanctuaries, national parks, biosphere reserves; human habitations, school and hospitals; archaeological and historic monuments; croplands, industries etc to be adequately illustrated by photographs. 15% Idea is that the reader should get a vivid picture Project description - Brief description of process and technology, layout maps, PFD of the manufacturing processes, material balance, etc.

82 SL. NO CRITERION WEIGHTAGE Alternate site, technology, processes 2 Alternate site may not be applicable for mining and expansion/modernization projects, Alternate technology/processes must be discussed in all EIAs 6%

83 SL. NO CRITERION WEIGHTAGE 3 Collection of baseline data Methodology adopted and its implementation including quality assurance for physical, ecological and social data Primary data Physical: type of data, rationale for selecting sampling locations, sample type, procedures followed (CPCB ref.), preservation, transportation and storage Ecological: extent of primary survey, rationale for survey method selected, identification of species Social: extent of primary survey, rationale for survey method adopted, type of data to be covered 15% Secondary data Reference, relevance, authenticity, period, ground validation

84 SL NO CRITERION WEIGHTAGE 4 Interpretation of baseline data and assessment of impacts - Physical environment should include - Comparison of base line status of an environmental component (air, water, noise, soil, hydrology etc.) with the National/International norms/standards and/or best practices, Finding the gaps with respect to such norms/standards and analysing the significance of such gaps by suitable methods (statistical analysis like 98 percentile or others) and classifying the gap as insignificant, moderate and/or critical. 20% Further analysis of these gaps with respect to potential impacts of the developmental activity to conclude if the project would contribute significantly to the base line status (adversely as well as favourably) in order to address mitigation plans.

85 SL NO CRITERION WEIGHTAGE 5 Interpretation of baseline data and assessment of impacts (contd.) Ecological environment should include: Natural resources on which the sustenance of local habitat depends. Presence of rare/endangered/endemic/threatened (REET) species with relevant references, 15% (incl. Socio) To what extent they are supported by reliable secondary data (their conservation/preservation plans should be discussed under mitigation measures), Stresses on habitat and probable factors causing the same Probable impacts on the ecological environment from the project and its related activities

86 SL NO CRITERION WEIGHTAGE 5 Interpretation of baseline data and assessment of impacts (contd.) Social environment should include - Demographic profile (low or high life expectancy, literacy level, skewed male-female ratio etc and probable reasons for the same) Health status - MMR, IMM (how do they compare to national average), any specific health problem or illness, health infrastructure (quality, adequacy) 15% (incl. Ecology) Economic status - source of income, earning members in the family, per capita and per family income, employment (type of employment available locally, skill sets of the locals suiting direct or indirect employment from the proposed project Social, cultural - local social and cultural life and probable impacts from the influx of outsiders caused by the project, crime (reasons and if the project may have any impact) etc.

87 SL NO CRITERION WEIGHTAGE 6 7 Risk Assessment should include Hazard Identification and Risk Assessment (HIRA) On-site Emergency plan and Off-site Emergency plan if relevant Quantitative Risk Assessment (if asked for less theory and more linked to specific project) Environment and EMP Monitoring plan To ensure effectiveness of the mitigation measures by measuring air, water, soil, noise etc. Details of the Mitigation measures including capital and O&M costs, plan for monitoring the implementation of the mitigation measures mentioned in the EIA 10% 15%

88 SL NO CRITERION WEIGHTAGE 8 Duly signed declaration of experts involved in the EIA authenticated by the CEO To be made in NABET Format Mentioned in the beginning of the report To sign in original by the experts. No scanned signatures 2% 9 Compliance to TOR and Public Consultation process Tabular form giving page No of the Report for each point raised in the PC The compliances should be specific and not vague 2%

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